128 judgments found.

Tysiąc v. Poland

Country: Poland
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Facts:

Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more

Tags: Abortion, Access to health care, Access to treatment, Awareness, Childbirth, Criminalization, Damages, Degrading treatment, Disabled, Emergency care, Handicapped, Health care professionals, Health care workers, Humiliating treatment, Inappropriate treatment, Maternal health, Negligence, Physically challenged, Pregnancy, Remedies, Termination of pregnancy, Therapeutic abortion, Tort
Download Judgment: English French Polish

Byrzykowski v. Poland

Country: Poland
Year: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more

Tags: Caesarean, Childbirth, Compensation, Damages, Duty of care, Emergency care, Health regulation, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy, Primary care, Remedies, Standard of care, Tort
Download Judgment: English Polish

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
Download Judgment: English Portuguese Spanish

Case 256001

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
Facts:

This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more

Tags: Counseling, Diagnostics, Duty of care, Health care professionals, Health care workers, Health regulation, Negligence, Remedies, Social security, Standard of care
Download Judgment: English French

Draon v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
Download Judgment: English French

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

Gregg v. Scott

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 2
Health Topics: Chronic and noncommunicable diseases, Medical malpractice
Facts:

Mr. Gregg consulted Dr. Scott, his general practitioner about a lump under his arm. Dr. Scott diagnosed the lump wrongfully as being benign. However, it was later discovered that the tumor was cancerous and had spread to various other parts of Mr. Gregg’s body. As a consequence of the Dr. Scott’s misdiagnosis, treatment for Mr. …Read more

Tags: Cancer, Compensation, Damages, Duty of care, Misdiagnosis, Negligence, Noncommunicable diseases, Remedies, Tort
Download Judgment: English

JD (FC) v. East Berkshire Community Health NHS Trust and Ors.

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more

Tags: Children, Domestic abuse, Duty of care, Negligence, Pediatric health, Psychiatry, Psychology, Tort
Download Judgment: English

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

Tags: Damages, Duty of care, Emergency care, Inadequate treatment, Negligence, Standard of care, Tort
Download Judgment: English

Maurice v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
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